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A defendant shall be punished by a fine of 500,000 won.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
1. On February 11, 2018, the Defendant: (a) obtained a copy of the “C” bank physical card owned by the victim D at the bottom of the PC seat seat B, which is located in Young-si around 16:00; and (b) obtained one copy of the PC card from the victim D.
Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.
Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.
2. The Defendant in violation of the Act on Financial Business Specializing in Fraudulent Use of Computer, etc. and Credit-based Financial Business: (a) paid PC usage fees equivalent to KRW 5,00 by inserting such PC cards from a new bank owned D as stated in the above “1” date and at a place, as indicated in the above “1”; (b) paid PC usage fees in an unmanned settlement machine installed on the said PC; (c) unlawfully used PC cards lost using the PC; and (d) obtained financial benefits equivalent to the same amount by allowing the Defendant to enter information into a computer or other information processing device without authority and process information.
Summary of Evidence
1. Statement by the defendant in court;
1. Written statements of D;
1. Application of the detailed statement of withdrawal from the bank account of the victim, photograph of closure of CPC CCTV images, payment history of CPC room room, and CPC member information-related statutes;
1. Relevant legal provisions of the Criminal Act, Article 360(1) of the Criminal Act (the embezzlement of deserted articles in possession), Article 347-2 of the Criminal Act (the fraud by using computers, etc.), Article 70(1)3 (the illegal use of lost cards) of the Act on Specialized Financial Business for Credit, and the selection of fines for each crime;
1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the aggravated punishment shall be limited to the extent that the aggregate of the amounts of crimes referred to in each of the above subparagraphs is aggregated) of the same Act;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. Article 334(1) of the Criminal Procedure Act provides that the sentencing of the Criminal Procedure Act Article 334(1) shall be taken into consideration in favor of the accused in a case where the benefits acquired by the accused through each of the instant crimes are insignificant. However, the criminal records of the accused (the thief, fraud, and damage to